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HomeMy WebLinkAbout011326-05.5 ADMINISTRATIVE STAFF REPORT 5.5 TO: Mayor and Town Council January 13, 2026 SUBJECT: Resolution No. 3-2026, accepting a Grant of Scenic Easement and a Grant of Public Trail Access Easement located along the south edge of Diablo Road from Fairway Drive to the Emergency Vehicle Access Road serving Magee Preserve BACKGROUND On July 16, 2019, the Danville Town Council adopted Ordinance No. 2019-06, approving the development plan and rezoning for the Magee Preserve project (Subdivision 9291), a 69-lot single-family residential development. The subdivision map was subsequently approved by the Town Council on October 5, 2022. Approval of the final subdivision map and related improvements were contained in separate items on previous agendas. As a condition of approval B.5., the applicant was required to dedicate to the Town a Scenic Easement over the 381 acres of undeveloped portion of the project site. The Scenic Easement shall preclude any further development. Davidon Homes has executed the Grant of Scenic Easement to satisfy this condition. Additionally, condition of approval B.6. requires the applicant to dedicate a public trail easement along the south edge of Diablo Road to connect existing trails and provide public access in conformance with the Townwide Trails Master Plan dated January 1989 and the Town’s adopted Parks, Recreation, and Arts Strategic Plan dated July 2017. The easement crosses portions of parcels owned by Davidon Homes within the Magee Preserve subdivision. Davidon Homes has executed the Grant of Public Trail Access Easement to allow for the completion of this segment of the trail. The Town of Danville must accept the trail easement to enable construction and public access to the trail. DISCUSSION The Grant of Scenic Easement and Grant of Public Trail Access and Easement have been executed by Davidon Homes, a California limited partnership, as Declarant. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. Accepting Grant of Scenic and Public 2 January 13, 2026 Trail Access Easement FISCAL IMPACT The Town will be responsible for maintenance of approximately 0.7 miles (3,696 linear feet) of public trail, with an estimated annual fiscal impact based on standard maintenance costs for similar trails. Specific costs will be incorporated into the Town's Capital Improvement Program maintenance budget. RECOMMENDATION Adopt Resolution No. 3-2026, accepting a Grant of Scenic Easement and a Grant of Public Trail Access Easement located along the south edge of Diablo Road from Fairway Drive to the Emergency Vehicle Access Road serving Magee Preserve. Prepared by: Allan Shields Transportation Manager Reviewed by: Diane J. Friedmann Development Services Director Attachments: A – Resolution No. 3-2026 B – Grant of Scenic Easement C – Grant of Public Trail Access Easement RESOLUTION NO. 3-2026 ACCEPTING A GRANT OF SCENIC EASEMENT AND A GRANT OF PUBLIC TRAIL ACCESS EASEMENT LOCATED ALONG THE SOUTH EDGE OF DIABLO ROAD FROM FAIRWAY DRIVE TO THE EMERGENCY VEHICLE ACCESS ROAD SERVING MAGEE PRESERVE WHEREAS, on July 16, 2019, the Danville Town Council adopted Ordinance No. 2019-06, approving the Magee Preserve project; and WHEREAS, condition of approval B.5., required the applicant to dedicate to the Town a Scenic Easement over the 381 acres of undeveloped portion of the project site, which shall preclude any further development, and Davidon Homes has executed the Grant of Scenic Easement to satisfy this condition; and WHEREAS, the Town’s Townwide Trails Master Plan dated January 1989 and the Town’s adopted Parks, Recreation, and Arts Strategic Plan dated July 2017 encourage the development and completion of public trails; and WHEREAS, condition of approval B.6., required the dedication of a public trail easement to connect existing trails and provide public access along the south edge of Diablo Road in conformance with the Townwide Trails Master Plan and Parks, Recreation, and Arts Strategic Plan; and WHEREAS, Davidon Homes has executed a Grant of Public Trail Access Easement offered to the Town allowing for construction of a public trail along the south edge of Diablo Road and memorializing the public’s right to utilize the public trail; and WHEREAS, action by the Town Council is necessary to accept the easements; now, therefore, be it RESOLVED, that the Danville Town Council accepts the Grant of Scenic Easement and Grant of Public Trail Access Easement, as executed by Davidon Homes; and, be it further RESOLVED, that the City Clerk is hereby directed to attach a Certificate of Acceptance to the easement document and have it recorded at the Contra Costa County Recorder’s Office. Docusign Envelope ID: 30990DDD-8E7F-41C7-948C-AB14EC4859C6 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 3-2026 APPROVED by the Danville Town Council at a regular meeting on January 13, 2026, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: ____________________________ ________________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 30990DDD-8E7F-41C7-948C-AB14EC4859C6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Town of Danville Attention: City Clerk 500 La Gonda Way Danville, CA 94526-1740 APN(s): {Above Space For Recorder's Use Only} The undersigned declares that the amount of Documentary Transfer Tax is $0.00, as the undersigned is receiving no monetary consideration in return, and therefore, is exempt from Documentary Transfer Tax under Section 11911 of the California Revenue and Taxation Code, as amended. GRANT OF SCENIC EASEMENT This Grant of Scenic Easement ("Easement") is entered into as of this __ day of ______ , 2025 ("Effective Date") by DA VIDON HOMES, a California limited partnership ("Declarant"). RECITALS A.Declarant is the owner of that certain real property described in Exhibit A within that certain subdivision entitled "SUBDIVISION 9291 MAGEE PRESERVE" FILED ON OCTOBER 5, 2022, IN BOOK 552 OF MAPS, AT PAGES 5 THROUGH 20, in the Official Records of the County of Contra Costa ( commonly referred to as "Magee Preserve"). B.Declarant desires to grant a scenic easement to The Town of Danville, a Municipal Corporation ("Grantee") as described herein. NOW THEREFORE, in consideration of the recitals set forth above, the mutual covenants herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the area designated as "Scenic Easement" described in Exhibit A is hereby dedicated to Grantee as an area to remain in its natural scenic state for the benefit and enjoyment of the owners of the land and the general public. Grantee's easement right is to deny any and all grading, landscaping, development and structures within this area, exclusive of any other identified easement rights. Said easement does not include general public right of entry. Said easement is non-exclusive and subject to any pre-existing easements of record. Declarant reserves the right to any permitted use in the easement area that does not require a building or grading permit or other Town of Danville approval. 1 9th August 2 ATTACHMENT B The effectiveness of this Easement is subject to the Grantee’s acceptance of the real property interests conveyed by this Easement. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF,Declarant has caused this Easement to be executed as of the Effective Date. DECLARANT: DAVIDON HOMES, a California limited partnership By:Davidon Corporation, a California corporation General PartnerIts: By: Name: Title: 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. )State of California County of )2-Q 'TS before me,K-tW\^VT)T\Here Insert Name and Title of the Offfcer AWWs — On i Date personally appeared . Name(s)of Signer(s) \A/ho proved to me on the basis of satisfactory evidence to be the person(s)whose name{s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.BAILEE KAY KEMPTON ^Comm,#2467382 NOTARYPU6LIC-CALIF0RNIA My CouM:Exp,Oct 20,2027 ^WITNESS my hand and official seal. Signature Signature of Notary PublicPlaceNotarySealand/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:QiV'(\\n(\'f Document Date: \JSigner(s)Other Than Named Above:M/ ^ Number of Pages: Capacity(ies)Claimed by Signer(s) Signer's Name:S Corporate Officer -Title(s):M □Partner-□Limited □General □Attorney in Fact □Guardian or Conservator Signer’s Name: □Corporate Officer -Title(s): □Partner - □Limited □General □Individual □Trustee □Other: Signer is Representing: □Attorney in Fact □Guardian or Conservator □Individual □Trustee □Other: Signer is Representing: ©2019 National Notary Association ATTACHMENT C EXHIBIT A Page 1 of 1 G:\job2009\091015IP\Survey\Descriptions\091015IP SCENIC EASEMENT 2025.docx Real property situate in the Town of Danville, County of Contra Costa, State of California and being all of the parcels “Two” and “Four” described in the Grant Deed to Davidon Homes, a California limited partnership, recorded August 14, 2020 under Document No. 2020-170022 and parcels “One”, “Two ”, and “Three” described in the Grant Deed to Davidon Homes, recorded on August 13, 2020 under Document No. 2020-171923, all of Official Records of said County Excepting therefrom: The numbered and lettered lots, and the public & private streets shown on Subdivision Map 9291 – Magee Preserve recorded on October 5, 2022 in Book 552 of Maps, at Pages 5 thru 20, same recorded as Document No. 2022-0150327, Official Records of Contra Costa County. End of Description Containing a land area of 276.67 acres, more or less. See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof. END OF DESCRIPTION The description and its accompanying plat were prepared under the direction of: _______________________ __________________ Scott A. Shortlidge Date RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Town of Danville Attention:City Clerk 500 La Gonda Way Danville,CA 94526-1740 APN(s):{Above Space For Recorder's Use Only} The undersigned declares that the amount of Documentary Transfer Tax is $0.00,as the undersigned is receiving no monetary consideration in return,and therefore,is exempt from Documentary Transfer Tax under Section 11911 of the California Revenue and Taxation Code,as amended. GRANT OF PUBLIC TRAIL ACCESS EASEMENT This Grant of Public Trail Access Easement ("Easement")is entered into as of this ,2025 (“Effective Date”)by DAVIDON HOMES,a California limiteddayof partnership (“Declarant”). RECITALS Declarant is the owner of that certain real property,consisting of Parcel(s) as shown on that certain subdivision map entitled “SUBDIVISION 9291 MAGEE PRESERVE”FILED ON OCTOBER 5,2022,IN BOOK 552 OF MAPS,AT PAGES 5 THROUGH 20,in the Official Records of the County of Contra Costa (commonly referred to as "Magee Preserve"). A. In conformance with the Townwide Trails Master Plan dated January 1989 and the Town’s adopted Parks,Recreation,and Arts Strategic Plan dated July 2017,the Declarant desires to grant a public trail easement to The Town of Danville,a Municipal Corporation (“Grantee”) as described herein. B. NOW THEREFORE,in consideration of the recitals set forth above,the mutual covenants herein,and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged.Declarant hereby grants an easement to Grantee for use of the easement area as a public trail (“Public Trail”)over and across the lands of Grantor situate in Danville,California, County of Contra Costa,State of California,described on Exhibit A (“Easement Area”).Grantor shall not erect or construct any building or other structure within said Easement Area. 1 29th August The effectiveness of this Easement is subject to the Grantee’s acceptance of the real property interests conveyed by tliis Easement.Following the Grantee’s acceptance,the Grantee shall maintain,control and be responsible for the Public Trail and Easement Area,and areas in immediate vicinity thereof that impact the same.Grantor conveys the real property interests herein to Grantee on an “as is”basis. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF,Declarant has caused this Easement to be executed as of the Effective Date. DECLARANT: DAVIDON HOMES, a California limited partnership Davidon Corporation, a California corporation General Partner By: Its: By: Name:_ Title: 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. )State of California County of Here Insert Name and Title of the Officer 2X17.SOn before me, Date personally appeared Name(s)ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. f BAILEE*KAY KEMPTONComm.H 2467382 ^l/J NOTARY PUBUC-CAIIFORNIAS\/Contra Costa County “My Comm,Exp.Oct.20,2027 1I Signature Signature of Notary PublicPlaceNotarySealand/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached DocumentTitleorTypeofDocument:Qp PlA,loW6 A/iCCSS F/iS Number of Pages:7DocumentDate: Signer(s)Other Than Named Above:K) Capacity(ies)Claimed by Signer(s) Signer’s Name:PN IU\r\ ^Corporate Officer -Title(s);\J.■ □Partner -□Limited □General □Attorney in Fact □Guardian or Conservator Signer’s Name: □Corporate Officer -Title(s): □Partner-□Limited □General □Individual □Trustee □Other: Signer is Representing: □Individual □Trustee □Other: Signer is Representing: □Attorney in Fact □Guardian or Conservator ©2019 National Notary Association EXHIBIT A Page 1 of 4 G:\job2009\091015IP\Survey\Descriptions\Diablo Road - Public Trail Easement.docx Real property situate in the Town of Danville, County of Contra Costa, State of California, being portions of Parcel Two & Four as described in the Grant Deed to Davidon Homes, recorded on August 13, 2020 as Document No. 2020-01700022, Official Records of Contra Costa County, and portions of Parcel A, Parcel F, and the Unsurveyed Remainder parcel as shown on said Map entitled “Subdivision 9291 - Magee Preserve”, and being more particularly described as follows: Beginning at the common north corner of said Parcels Two and Four, same corner being on the existing south right of way line of Diablo Road as shown on the Diablo Road Right- of-Way Map of Road 4331C-80, dated March of 1980, on file with the County Public Works department; thence along the north line of Parcel Two (Unsurveyed Remainder) and Parcels A & F, same being the south right of way line of Diablo Road for the following Eight (8) courses: (1) North 81° 09’ 17” East - 18.81 feet, (2) North 17° 30' 00" East - 2.32 feet, (3) South 74° 37' 21" East - 358.60 feet, (4) South 55° 53' 51" East - 269.99 feet, (5) South 54° 08' 21" East - 338.93 feet, (6) South 54° 25' 06" East - 200.19 feet, (7) South 84° 51' 12" East - 265.31 feet, and (8) South 89° 54' 21" East - 14.10 feet to a north corner of said Parcel A; thence along the north line of Parcel A, South 27° 05' 24" East - 40.57 feet; thence crossing through Parcel’s A & F and Parcel Two – Unsurveyed Remainder for the following Six (6) courses: (1) North 89° 54' 21" West - 34.26 feet, (2) North 84° 51' 12" West, passing at 104.96 feet the point of intersection with the common line between said Parcel’s A and F in all for a total distance of 266.57 feet, (3) North 54° 14' 50" West, passing at 197.22 feet the point of intersection with Parcel F and the EXHIBIT A Page 2 of 4 G:\job2009\091015IP\Survey\Descriptions\Diablo Road - Public Trail Easement.docx Unsurveyed Remainder Parcel in all for a total distance of 556.58 feet, (4) North 59° 12' 56" West - 263.60 feet, (5) North 74° 37' 21" West - 243.21 feet, and (6) North 89° 17' 40" West, passing at 111.12 feet the point of intersection with the common line between Parcel’s Two and Four in all for a total distance of 203.74 feet; thence continuing across said Parcel Four for the following Thirty-Three (33) courses: (1) South 81° 09' 17" West - 29.80 feet, (2) North 81° 17' 43" West - 82.91 feet, (3) South 81° 09' 17" West - 62.55 feet, (4) South 49° 25' 24" West - 65.49 feet, (5) South 71° 30' 55" West - 224.96 feet, (6) North 77° 36' 04" West - 135.15 feet, (7) North 56° 19' 20" West - 352.73 feet, (8) North 87° 08' 34" West - 241.82 feet, (9) North 06° 02' 31" West - 18.00 feet, (10) South 83° 57' 29" West - 127.29 feet, (11) South 63° 27' 01" West - 76.20 feet, (12) North 73° 58' 05" West - 90.00 feet, (13) North 16° 01' 55" East - 25.00 feet, (14) North 65° 56' 31" West - 136.70 feet, (15) North 47° 52' 52" West - 117.29 feet, (16) North 35° 49' 57" West - 269.38 feet, (17) North 21° 58' 17" West - 73.28 feet, (18) North 37° 59' 49" West - 92.00 feet, (19) South 52° 00' 11" West - 40.00 feet for the beginning of a curve to the left, from which the center bears South 52° 00' 11" West, (20) in a westerly direction 70.00 feet along the arc of said curve to the left, having a radius of 375.00 feet and through a central angle of 10° 41' 43", (21) North 41° 18' 28" East - 50.00 feet for the beginning of a curve to the left, from which point the center bears South 41° 18’ 28” West, (22) in a westerly direction 158.43 feet along the arc of said curve to the left, having a radius of 425.00 feet and through a central angle of 21° 21' 33", (23) North 70° 03' 05" West - 199.43 feet for the beginning of a curve to the left, (24) in a westerly direction 79.83 feet along the arc of said curve to the left, having a radius of 1585.00 feet and through a central angle of 02° 53' 08", (25) South 17° 03' 47" West - 35.00 feet for the beginning of a curve to the EXHIBIT A Page 3 of 4 G:\job2009\091015IP\Survey\Descriptions\Diablo Road - Public Trail Easement.docx right, (26) in a westerly direction 183.85 feet along the arc of said curve to the right, having a radius of 60.00 feet and through a central angle of 175° 33' 59", (27) North 12° 37' 46" East - 30.00 feet for the beginning of a curve to the left, from which the center bears South 12° 37’ 46” West, (28) in a westerly direction 265.12 feet along the arc of said curve to the left, having a radius of 1580.00 feet and through a central angle of 09° 36' 51", (29) South 03° 00' 55" West - 40.00 feet, (30) North 86° 59' 05" West - 110.00 feet, (31) North 03° 00' 55" East - 30.00 feet, (32) North 86° 59' 05" West - 133.79 feet, and (33) North 03° 00' 55" East - 30.00 feet to a point on the south right of way line of Diablo Road, same line being the north line of said Parcel Four; thence along the south right of way line of Diablo Road for the following Sixteen (16) courses: (1) South 86° 59' 05" East - 243.79 feet to the beginning of a curve to the right, (2) in an easterly direction 472.87 feet along the arc of said curve to the right, having a radius of 1600.00 feet and through a central angle of 06° 56' 00", (3) South 70° 03' 06" East - 199.37 feet to the beginning of a curve to the right, (4) in a southeasterly direction 246.16 feet along the arc of said curve to the, having a radius of 440.00 feet and through a central angle of 32° 03' 15", (5) South 37° 59' 51" East - 161.32 feet, (6) South 26° 06' 06" East - 209.98 feet, (7) South 44° 47' 06" East - 140.52 feet, (8) South 73° 58' 06" East - 251.34 feet, (9) North 71° 38' 39" East - 30.30 feet, (10) North 83° 57' 28" East - 275.00 feet, (11 ) South 68° 18' 15" East - 130.14 feet, (12) South 56° 19' 21" East - 367.18 feet, (13) South 77° 36' 06" East - 145.80 feet, (14) North 71° 30' 54" East - 183.93 feet, (15) North 49° 25' 24" East - 67.71 feet, and (16) North 81° 09' 17" East - 280.84 feet to the Point of Beginning. Containing 186,917 square feet of land area, more or less.